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Resolution-PC 96-22.:;, ~ ~ . RESO~Ii i lON N_~~.P_L%9~? -- r~ r.S,~uJ'FIC~ C*~_THE Atd.AHE':~" Clr ~.r~i~l~litJt'a C'rUAI{I~I.~,wiON THAT ~.:? ~c~;z ~=JN C'i)'ti#QITIOPv~~~ i1SE F:,P~AIT NO. 381; ~L ui3AM'~D W'r!E~~A~, .;:~ As~h9ir,~ C~ty ~?<<nniry i.:a~~.'t~TtiS~Fr~ ," Y: r,~Ue a verift~,~~ :,;;;on for Condftiona{ i.ise Perm:i fo: :,rottair. ~'9a1 Fro~zRy s~ ~~~taa tr•. ti~.y vi e~;~~,. ;~~, County cr' ~:~ :;~h, State of Catifomia, descrlbed as: THAT PORTION OF TNE NOR7HWEST :s~ARfER ':::; '' i~iE ~~~'' ~EST QUARTER OF SECTION 7, TOWNSNIP 4~'~l7TH, RF~ivGE J WEST~ ~rl THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANECUS MAPS, IN THE OFFICE OF THE COUNTY HECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST UNE OF SAID SECTION WITH 7HE CENTER LINE OF ANAHEIM-0LIVE ROAD AS DESCRIBED IN TNE DEED RECORDED MAY 17, 1915 IN BOQK 275, PAGE 85 OF DEEDS; TH~NCE NORTH 0 DEG. 15' 24' EAST TO A UNE PARALLEL WITH SAID CENTER LJNE THAT PASSES `fHROUGH A POINT OiJ THE EAST LINE UF THE WEST 45.00 FEET OF SAID SECTION, NORTH 0 DEG. 15' 24' EAST 125.00 FEE'r FROM THE IMERSECTION OF SAID EAST LItdE WITH A LINE ?ARALLEL WITH AND NORTHERLY 53.00 FEET FROM SAID CENTER L1NE; THENCE SOUTH 78 DEG. 55' 20' EAST PAFiALLEL WITH SAID CENTER LJNE TO SAID EAST LJNE; 7HENCE CANTINUING SOUTH 78 ~EG. 55' 20' EAST 125,.00 FEET; THENCE SOUTHERLY IN A DIRECT LINE TG A POINT ON T'rIE LINE PARALL~L WITH AND NORTHEASTERLY 53.Q0 FEET FROM SAID ,CENITER L1NE SOUTH 78 DEG. 55' 20" ~AST 135.00 FEET FROM SAID INTERS~_°CT~ON WITH THE EAST LltvE OF THE WEST 45.00 FEET OF SAID SECTION:'i HENCE CONTINUING SOUTHERLY ALONG SAID DIREC~ UNE TO SAID CENTER LINE; THENCE NOi'.TH 78 DEG. 55' 20' 1NEST TO THE POINT OF BEGINNING. WHEREAS, the Ciry Planning Commiss~on did hold a public hearing at the Civic Center in the Ciry of Anaheim on February 21, 1996 at 1:30 p.m., notice of said public hea~ing having been ~u{y gNen as rec~uired by law arx! in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear aixi consider evidence for and against said proposed conditlonal e~se PeRnii and to investigate and make firxiings and recommendations in connection therewith; and WFicREAS, sakJ Commissfon, after due inspection, investigation and study made by tt~elf and in fts behalf, and after due conslderatian af all evidence arxi reports offered at said hea~ing, does find and determine the following facts: 1. That the proposed use is propsriy one for which a condriional use permR is authorized by Anahefm Municlpaf Code Sectlon 18.44.050.300 to permft a 610 sq.ft. outdoor dining area in conjunct~on wfth an ex(sting drive-through restaurant with waiver of the fa~owing: ,,~~t(ons 18.OS.050.0233 - 18.06.084 and ~ s 44.OC~i.o5Q Minimum ns~~r of oarkina spaces• (~_ soaces requh~.,~d; existing and approved by the Ciry ~raffic and Transportat~~-n Manager) CR2603DNi -1- PC96-22 : F,~ w~ 2. That the parki~9 waNer, under the condftians imposed, will not cause fewer off-street paricing spaces to be provkled for such use than the number af such spacbs necossarY to accommodate all vehicles att~ibutable to such use under the nomial and r6asonablY foreseeal~e conditions of operetfon of such use; 3. That the wafver, under the conditions imp~sed, will not increase the demarid and __ competftion for parking spaces upon the public streets in the immediate viciniry of the proposed use; 4. That the wafver, under 4he conditlons imposed, will ~ot increase the demand and ~';: ompetitlon for parking spaces stpon adjacent prhiate property in the tmmediate vicinitl- of the prc~osed uss (which propeity Is not expressly providerl as parklR9 for such use under an agreemeM in compliance with Sectfon 18.06.010.020 of this Code); 5. Thai the waNer, under the cond-iions imposed, will not increase traff(c congestio~, noise, air pollution, or tra~c circutatfon conflicts, within the off-streot parking areas or lots provided for such use; 6. That the waiver, under the conditions imposed, wiil not i~crease traffic congestion, noise, air pollution, or impede vehicular ingress to or egress from adjacent properties, upon the public streets in the immediate vicin'~ty of the proposed use; '7. That a parking demand study for this specific use, submitted by the petitioner to substantiate 2he requested waNers, was revtewed and approved by the City Traffic and Transportatior Manager; 8. That the propased use is properly one for which a condftional use permft !s authorized by the Zoning Code; 9. That the proposed use ~vilt not adversely affect the adj~ining land uses a.nd the growth and development of the area in which ft is proposed to be located because ft is compatibie with the adjacent commercial shopping center and the immediate neighborhood; 10. That the size arxl shape of the site for the proposed use is adequate to allow the full development of the praposed use in e manner not detr(mental to the particular area na to the pe~ce, health, sarery, and general welfare; 11. That the traffic generated by the prop~sed use will nat impose an undue burde:~ upon the streets and highways designed and improved to carry the traffic in the area; 12. 7hat the granting of the conditlona! use permit, under the conditions impased, wpl not be deMmental to the peace, h~aith, safety and general welfare of the cft(zens of the Ctty of Anaheim; and 13. That no one indfcated their presence at said public hearing in opposition; and that no canespondence was receNed in opposftfon to the sub~ect petition. -2- PC96-22 }, ' - ~' ('AUFORNIA EM/IRONMENTAL QUALITY ACT FINDING: That the Anaheim Ciry Planning Commission has revtewad the proposal to permft a E10-square foot outdoor dinfng area in conjunction with an existing dfire-through restauraM wfth waive~ of miRimum number of parking spaces on a rectangulady- snaped parcel of land consisting of npproximately 0.36 acre located at the northeast comer of Llncdn Avenue and Rio Vista Street, having approximata frontag~s of 125 feet o~ the north side of Lincdn Avenue and 1~5 ieet on the east stde of Rfo Vista Streot, and fuKher described as 2801 East Uncdn Avenue (Del Taco); and does hereby approve the Negative Dedaration upen finding that tt~e dedara~,on reflects the inde~sendent JudgemeM of the lead agency arxl that ft has considered the NegatNe Dedaratfon together with any comments receNed during the publfc re~riew process and further flnding on the basis of the initial study and any commenYS received that there is no substantia~ evidence that the project will have a significarrt effect on the ernfronment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim ~ity Planning Cnmmfssion does hereby grant subject Petftion for Conditionai Use Permit, upcm the follo4ving conditions which are hereby found to be a necessary prerequisfte to the proposed use of the subject property in order to preserve the safery and general welfare af the CRizens of the Ctty of Anaheim: i. That the appropr(ate tra~c signai assessment feA 3i.,~; b~i ~?-c t~ the Ciry of Anaheim tn an amount as establ(shed by ~iry Counc(I resolutior:._ 2. That the applicant shall pay a traffic and transporta!Hx~ fsr.;.~!~rfF~,~eM fee to the Ciry of Anaheim, Traffic Engineering DNision, (n an amount established by ~he f':. y Council resolution. This fee will be used to fund traffic and transportation improvements with(n this area impacted by this proJect. Said fee shall be subject to a~djustment by the Ciry Council. 3. That plans shall be submftted to the City Traffic and Transportation Manager for his review and approval showing conformanae wfth the latest revisions of Engineering Siandard Plan Nos. 436 and 602 pertaining to parking siarxiards and driveway locations. Subject property sha~l thereupon be developed and maintained in cor~fom~ance with said plans. 4. That all driveways shall be reconstructed to accommodate ten (10) foot radius curb retums ir, coMormance with Engfneering Department Standards. 5. That the on-site landscaping and iifigation system shall be refurbished to indude at least sbc (b), m(nimum frfteen (15) gallon sized, 4rees planted adjacent to Llncoln Avenue, and further that said landscaping shall be maintained in compUance wfth City standards. 6. That a minimum three (3) f~oot wfde landscaped and irrigated ~lanter shall be installed and maintained adJacent to the southerly edge of the outdoor dining area. 7. That subject property shafl be developed substantially in accordance wfth plans end specffications submitted to the Ciry of Anaheim by the petitioner and which plans are on file wfth the Planning department marked Exhibit No. 7. 8. (a) That the petitioner shall meet with the Anaheim Pdice Department to deiermine the need for a private security ausrd at subject facility. A maximum of one (1) Iicansed securiry guard shall be providec! ff determined to be necessary by the Pdice Departmerrt; and (b) That the Planning Commission shall be infonnai of the outcome of Lhe Anaheim Pdice Depanment's recommendation regarding a security guard. 9. That within a period of ninety t90) days from the date of this resdution or prior to use of the outdoor dining area, whichever occurs first. Cundition Nas. 1, 2, 3, 4, 5, 6 and S(a), above- mantia~ed, shall be completed . ~ .z_ PC96-22 ~ ~ 10. That prior to final building and zonfng inspections or prfar to use of the outdoor dtning area, whichever occurs first, Co~itfon t~lo. 7, above-mentioned, shatl be complied with. 11. That approval of thls ap~iication constftutss approval of tfie proposed request only to :he_exterrt that R complies with the Anahe[m Mun(cipal Zontng Coda and any other applicable City, State arxi Federa! regulations. Approval does not indude any action or fiindings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requiremerrt. t2. That the grarrting of the parfcing waNer is contingerrt upon operatlon ot the aQproved conditional use ~n conformance wtth the assumptions relating :o the operation and irrtensfty of the use as contalned in the parking demand study that foRned the basis for approva! of said wafver, and 4~at exceeding, vidating, intsnsffying ar othervvise deviating from any of said assumpilons as contained in the parkfng demand study shall be deemed a vidation of 4he express comdftlons imposed upon said termination or modHicaticn pursuani to the provisions of Secilon 18.03.091 and 18.03.092 of this Code; BE IT ~URTHER R~SOLVED that the Anaheim Ciry Planning Commission does hereby find arxi determine that adoption of ihis Resolucion is expressly predicated upon applicanYs comp{fance ~vith each and all of the condRions herefnabove set forth. Should any such condition, or any part thereof, be dedared invatld or unenforceable by the final JudgmeM of any court of competent Jurisdiction, then thfs Resolutfon, and any approvals herein conta(ned, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of F9bruary 21, 1996. ~ /~ CI-VA WOMAN ANAHEIMI CI LANNING COMM~SSION ATTEST: ~ ~^ SECR ARY, NAHEIM CITY PIANNING COMMISSION STATE OF CAUFORNIA ) COUNTY OF OHl~NGE ) ss. CITY OF ANAHEIM ) I, Margarita SoEorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing rasolution Hras passed and adopted at a meeting of the Anaheim Cfty Planning Cammission held on February 21, 1996, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, eOYDSTUN, BRISTOL, HENNINGER, MAYE~, MESSE, PERAZA NOES: CAMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONF IN WITNESS WHEREOF_ I have hereunto set my hand this CJ~ ~~day of ~~~~,~~ 1996. /~ "~ ~ ([~ l J ~ ~`.-.vTN/ LGC SECRECAa' ANr1HEIM CITY PLANNING COMMIS510W -4- PC96-22